BILL NUMBER: S6176
SPONSOR: MANNION
 
TITLE OF BILL:
An act to amend the general business law, in relation to including mask-
ing products within the definition of drug-related paraphernalia
 
PURPOSE OF BILL:
The purpose of this bill is to prohibit masking products from being used
to defraud a chemical test.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would prohibit masking products, such as synthet-
ic urine, human urine, a substance used or designed to be added to human
urine or a substance used or designed to be added to a chemical test,
from being used for the purpose of defrauding a chemical test.
Section 2 of this bill provides that the effective date shall take
effect immediately.
 
JUSTIFICATION:
Chemical tests, as required by a workplace or a court order, are often
used to detect drugs or alcohol present in an individual's system.
Masking products can be used to falsify these tests and provide a false
negative result. One such masking product, synthetic urine, can be used
to defraud drug tests as an artificial substance that can pass as real
urine. Synthetic urine is readily available to purchase at head shops
and from retailers online.
Other States, including Arkansas, Indiana, Louisiana, New Hampshire, and
Oklahoma, have recognized the danger presented by synthetic urine and
have prohibited the product. Recently, in July 2022, Michigan joined
these States in prohibiting synthetic urine as a wider effort to stop
such usage.
The use of a masking product, such as synthetic urine, to provide a
false negative on a chemical test could yield dangerous consequences.
Cheating such tests would allow an individual to continue using drugs or
alcohol without repercussions, and could potentially put others at risk.
This bill would prohibit masking products from being used to defraud a
chemical test.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.